13-168 Resolution No. 13-168
RESOLUTION
AUTHORIZING EXECUTION OF A
DOWNTOWN PROJECTING SIGN PROGRAM AGREEMENT
WITH IJORERE ATELIER
(51 S. Spring Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a downtown projecting sign program agreement with Ijorere
Atelier on behalf of the City of Elgin for the property located at 51 S. Spring Street, a copy of
which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: September 25, 2013
Adopted: September 25, 2013
Vote: Yeas: 7 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CITY OF ELGIN
DOWNTOWN PROJECTING SIGN PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of_ September
2013, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to
as "City"), and IJORERE Atelier an Illinois corporation (hereinafter referred to as
"Applicant").
WHEREAS, the City has established a Downtown Projecting Sign Program (hereinafter
referred to as the "Program"); and
WHEREAS, the Program is administered and funded by the City for the purposes of
providing grants to owners of commercial properties within the CC 1 and CC2 center zoning
districts for the installation of approved projecting signs; and
WHEREAS, the Applicant operates a business open to the public in the target area as
identified in the Program; and
WHEREAS, the Applicant has applied to the City to participate in the City's Downtown
Projecting Sign Program; and
WHEREAS, the Applicant is the tenant of the property commonly known as
51 South Spring Street , Elgin, Illinois (the"Subject Property"); and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
Section 1. The Applicant shall install a projecting sign at the Subject Property in
accordance with the plans prepared by Sign-A-Rama , dated 4/9/2013 ,
attached hereto as Exhibit A, and in accordance with all other applicable code and legal
requirements (such installation of the projecting sign in accordance with the referenced plans is
hereinafter referred to as "Work" or the "Projecting Sign"). For the Downtown Projecting Sign
Program Grant the City agrees to reimburse the Applicant up to the initial $2,500 of the cost of
the Projecting Sign. The remaining cost of the Projecting Sign, if any, must be paid by the
Applicant. Such grant shall be payable to the Applicant upon reasonable proof acceptable to the
City in the City's sole discretion that a projecting sign conforming to the City's required
specifications was permitted, purchased, installed and inspected. Payments from the City as
provided for herein shall be made to the Applicant. Applicant shall provide the City with a full
release and receipt upon receipt of the payment provided for herein.
Section 2. "Eligible Costs" shall include labor, material and equipment costs directly
and solely related to the Work.
Section 3. No Work shall be undertaken or shall be considered to constitute the basis
for all Eligible Cost until the proposal for such Work has been submitted to and approved in
writing by the City Manager or his designee. Such proposals shall include, but not be limited to,
a date certain by which the Work shall be completed. All Work relating to the Projecting Sign
installation shall be completed within 180 days from the date of the Agreement, unless Applicant
obtains written consent from the City.
Section 4. The City shall be permitted access to the Subject Property to periodically
review the progress of the Work. Such review shall not be in lieu of any other inspections which
may otherwise be required by law or by City. Any and all portions of the Work which do not, in
the sole discretion of the City, conform to the plans or other applicable terms of this Agreement,
shall be made to conform to the plans and other applicable terms of this Agreement upon written
notice of the existence of such non-conforming portions.
Section 5. Upon completion of the Work, and upon final inspection and written
approval by the City and such other final inspections and approvals as may be required by law,
Applicant shall submit to City; (1) an executed, notarized, itemized contractor statement
reflecting the total cost of the Work and each portion thereof, including, but not limited to, the
cost of labor(whether provided by any contractor or subcontractor), materials and equipment; (2)
copies of all bids, contracts and invoices submitted, executed or incurred pursuant to the Work;
and (3)reasonable proof of payment of all costs incurred pursuant to the Work.
Section 6. City shall pay to Applicant the sum provided for at Section 1 herein within
thirty (30) days of Applicant's compliance with the provisions of Section 5 herein. In no event
shall.the amount paid to Applicant exceed $2,500 or the amount set forth in the contractor's
statement(s), whichever is less.
Section 7. In the event Applicant fails to complete the Work in accordance with the
terms of this Agreement, or otherwise breaches the terms of this Agreement, City may terminate
this Agreement upon written notice of breach and termination to Applicant, and any and all
financial or other obligations on the part of City shall cease and become null and void. In the
event of any such written notice of breach and termination, Applicant shall refund any and all
funds paid to Applicant by City within thirty (30) days. Any such determination of Applicant
failure to complete the Work in accordance with the terms of this Agreement shall be in City's
sole discretion.
Section 8. Upon completion of the Work, and for a period of five (5) years thereafter,
Applicant shall properly maintain the Work in its finished form, without alteration or change
thereto, and shall not enter into any agreement, or take any other steps to alter, change or remove
such Work without prior written approval from the City in the City's sole discretion.
Section 9. Nothing herein is intended to limit, restrict or prohibit the Applicant from
undertaking any other work in or about the Subject Property which is unrelated to the Projecting
Sign improvement provided for in this Agreement.
Section 10. This Agreement shall be binding upon City and its successors, and upon
Applicant and the owner(s) of the Subject Property and their successors and assigns for a period
of five (5) years from and after the date of completion and approval of the Work. Applicant shall
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provide subsequent owner(s) of the Subject Property with a copy of this Agreement. This
Agreement shall run with the land underlying structure.
Section 11. If Applicant does not own the underlying property for which work is being
done, Applicant warrants and represents to City that Applicant has a multi-year lease at the
Subject Property for which the work is proposed. Applicant further warrants and represents that
he has received authorization from all owners of the Subject Property for which work is.to be
done to accept funds under this program and to undertake the work. Further, such owner(s) of
the Subject Property for which work is to be done shall be signatories to this Agreement and
hereby acknowledges) that he/they are aware of this Agreement, authorized the work which is to
be made to the Subject Property. Said owner(s) of the Subject Property for which improvements
are to be made further acknowledge that, as owner of the Subject Property, he/they is a party to
this Agreement and is bound by the provisions of this Agreement specifically, but not limited to,
the provision of Section 8 of this Agreement. Each owner signatory hereto hereby warrants and
represents that there are no other entities having an ownership or other interest in the Subject
Property, which have not executed this Agreement.
Section 12. To the fullest extent permitted by law, each Applicant and owner agrees to
indemnify, defend and hold harmless the City, its officers, employees, agents, boards and
commissions from and against any and all causes of action, claims, suits, judgments, costs,
attorney's fees, damages or other relief, including but not limited to worker's compensation
claims, in any way resulting from or arising out of the performance of this Agreement or the
Work described herein. In the event of any action against the City, its officers, employees,
agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold
harmless, such action shall be defended by legal counsel of the City's choosing. The provisions
of this paragraph shall survive any expiration and/or termination of this agreement.
Section 13. This Agreement shall not be construed to create a partnership, joint
venture or employment relationship between the parties hereto.
Section 14. This Agreement shall be subject to and governed by the laws of the State
of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out
of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois.
Section 15. The terms of this Agreement shall be severable. In the event that any of
the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for
any reason,the remainder of this Agreement shall remain in full force and effect.
Section 16. Applicant's Name: Ola Muhammed
Address: 1130 Sedgewood Trail
City: Algonquin State: IL Zip Code: 60102
Telephone Number: 312-401-3956
Property Location: 51 South Spring Street
Interest: Tenant
Contact Person: Ola Muhammed
3
Section 17: The provisions and requirements of the City of Elgin Downtown
Projecting Sign Program dated October 2008, adopted pursuant to Resolution No. 08-266, as
such Program may be amended from time to time by the City, are hereby incorporated into this
Agreement in their entirety. Without limiting the foregoing, and notwithstanding any other
provisions of this agreement, the Projecting Sign to be installed on the Subject Property shall
conform in all respects to such Program requirements.
Section 18. This Agreement is the sole agreement between the parties hereto regarding
the subject matter hereof. There are no other agreements, either oral or implied between the
parties hereto regarding the subject matter hereof. This agreement may not be modified or
amended other than by the express written agreement of the parties hereto.
Section 19. Notwithstanding anything else to the contrary in this Agreement, with the
sole exception of an action to recover the monies the City has agreed to pay to the Applicant
pursuant to Section 1 hereof, no action shall be commenced by the Applicant or any owner
against the City for monetary damages. Applicant and any owner hereby further waives any and
all claims or rights to interest on money claimed to be due pursuant to this Agreement, and
waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to
law, including, but not limited to, the Local Government Prompt Payment Act(50 ILCS 50111 et
seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1, et seq.), as amended. The parties
hereto further agree that any action by the Applicant or any owner arising out of this'Agreement
must be filed within one(1) year of the date the alleged cause of action arose or the same will be
time barred. The provisions of this paragraph shall survive any expiration, completion and/or
termination of this Agreement.
Section 20. Notwithstanding any other provision of this Agreement it is expressly
agreed and understood that in connection with the performance of this Agreement that the
Applicant shall comply with all applicable Federal, State, City and other requirements of law,
including, but not limited to, any applicable requirements regarding prevailing wages, minimum
wage,workplace safety and legal status of employees. Without limiting the foregoing, Applicant
hereby certifies, represents and warrants to the City that all Applicant's employees and/or agents
who will be providing products and/or services with respect to this Agreement shall be legal
residents of the United States. Applicant shall also at its expense secure all permits and licenses,
pay all charges and fees and give all notices necessary and incident to the due and lawful
prosecution of the work, and/or the products and/or services to be provided for in this
Agreement. The City shall have the right to audit any records in the possession or control of the
Applicant to determine Applicant's compliance with the provisions of this section. In the event
the City proceeds with such an audit the Applicant shall make available to the City the
Applicant's relevant records at no cost to the City. Applicant shall pay any and all costs
associated with any such audit.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first appearing above.
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APPL NT CITY OF LGIN
4
a M ammed City Manager
O M) ATTEST:
Bill Mague City Clerk
Artspace Projects, Inc.
Name of Landlord
FALegal Dept\Agreement\Downtown Projecting sign Program Agreement-FORM-9-12-13.docx
5
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ELGIN
THE CRY IN THE SUBURBS"
DATE: October 8, 2013
TO: Aaron Cosentino, Management Analyst
FROM: Jennifer Quinton, Deputy City Clerk
SUBJECT: Resolution Nos. 13-167 and 13-168 Adopted at the September 25, 2013, Council
Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Downtown Projecting Sign Program Agreement with 3Lefts, Inc. d/b/a On the
Side Restaurant (74 S. Grove Avenue)
• Downtown Projecting Sign Program Agreement with ljorere Atelier (51 S. Spring
Street)